No action for possession of real property shall be barred or delayed by reason of any alienation or conveyance by a defendant to any other person after the commencement of the action; no action for damages for withholding rents and profits shall be barred or delayed by reason of defendant’s alienation or conveyance to any person before or after the commencement of the action.
843.02.Effect of conveyance.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 843.02 keeps a defendant’s sale or transfer of property from delaying or barring a possession lawsuit filed against them, and keeps a claim for withheld rents and profits alive no matter when the transfer happened.
Full Text of Section 843.02
Plain-English Summary
Section 843.02 closes a door a defendant might otherwise use to slow down or escape a possession lawsuit: selling or otherwise transferring the property to someone else. The section states that once an action for possession has begun, a defendant’s alienation or conveyance of the property to another person will not bar or delay that action. The lawsuit keeps moving against the original defendant regardless of who now holds title.
The section treats a claim for damages from withheld rents and profits even more broadly. That kind of claim survives a defendant’s conveyance whether the transfer happened before the lawsuit was filed or after. A defendant cannot avoid liability for rents and profits already withheld by having moved the property along to someone else at some point.
Together, the two rules mean a plaintiff pursuing possession or damages for withheld rents does not need to chase title through a chain of transfers to keep the case alive. The action proceeds against the defendant who was sued, and any transfer along the way is not, on its own, a defense.
Frequently Asked Questions
If the person I am suing sells the property while my possession lawsuit is pending, does my case fall apart?
No. Section 843.02 states that a defendant’s conveyance of the property after a possession action has begun does not bar or delay the action.
Can a defendant avoid paying for rents and profits they withheld by transferring the property before I sue?
No. Section 843.02 says a claim for damages from withheld rents and profits is not barred or delayed by the defendant’s conveyance, whether that conveyance happened before or after the action was commenced.
Does this section require me to add the new owner as a party after a transfer?
The text of Section 843.02 does not address joining a new owner; it states only that the transfer itself does not bar or delay the possession or rents-and-profits action against the original defendant.
Why would Wisconsin need a rule like this?
Without it, a defendant facing a possession or rents-and-profits claim could try to complicate or stall the case by transferring the property to another person. Section 843.02 removes that tactic by making clear the transfer has no effect on the action’s progress.
Does Section 843.02 apply to both the possession claim and a damages claim in the same lawsuit?
Yes. The section separately addresses actions for possession and actions for damages for withheld rents and profits, and neither is barred or delayed by the defendant’s alienation or conveyance under the circumstances the section describes.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.02.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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